Understanding What Posting a Bond Means When Administering an Estate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate & Probate Administration Attorney Many individuals when faced with probating an estate are required to post a bond but few really understand what this means or what is involved. Let me explain the process to you in this […]

An Insolvent Estate Escapes Responsibility for Funeral Expenses After Receiving Millions of Dollars

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County NJ Estate & Probate Administration Attorney In this case an action was filed by a funeral director against decedent’s representative, and others, to recover the balance of his bill for services rendered at the funeral of decedent. The Superior Court, Appellate Division, held that money […]

Disputes as to Administration of the Estate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, but several standards apply nonetheless. Where the decedent dies […]

I’m Disinheriting My Son, Daughter & Spouse If You Challenge My Will!

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Estate and Probate Dispute Attorney Can you include in your will a clause which provides for the revocation of an inheritance if your beneficiary contests the will? The answer is yes and no. Here’s Why, N.J.S.A. § 3B:3-47 […]

Disputes Regarding the Validity and Interpretation of Wills and Trusts

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Will Contest and Probate Dispute Attorney Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, a contestant must be injured, or “aggrieved,” by […]

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 1)

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s).   One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 3 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that “one or more papers of the will might be removed and another substituted,” but concluded that this possibility “is not sufficient to justify denying admission of a will to probate.” Just […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 2 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated and admitted to probate. Appellant argued that the trial court erred by failing to require the proponent of the Will, to authenticate all three pages of the Will. He noted that […]